How to File a Birth Defect Lawsuit

Modern medical technology and medicine have drastically reduced the risks of childbirth. Birth defects or injuries still occur often.

A birth defect lawsuit seeks compensation for medical expenses of your child, educational costs, and other expenses. You must prove that the medical professional you are suing violated the standard treatment during or prior to the birth or during pregnancy.

Damages

Pregnancy can be one of the most exciting, yet nerve-wracking events in a parent's lifetime. Parents want their babies perfect, and doctors do everything to avoid birth defects. Medical negligence and carelessness can increase the risk for birth defects and injuries. When this occurs, a stunned family might want to pursue justice via a birth defect lawsuit.

A successful birth defect lawsuit can result in damages for a variety of different things. These include a victim's suffering and suffering, loss of consortium, medical expenses and lost earning capacity. The amount of damages that the victim will be awarded is contingent on the degree of the child's health, and how much it has affected their standard of living.

Environmental exposures can cause birth injuries and birth defects. Studies have proven that certain chemicals, such as pesticides, fungicides, lead, paints and heavy metals can increase the risk of birth defects. Birth defect lawyers have filed suits against companies that exposed workers to these harmful chemicals, and against pharmaceutical companies that have produced drugs that could cause birth defects in fetuses such as DES.

If you believe that your child's birth defect or birth injury was the result of medical malpractice, you should speak with a skilled birth defect Lawyer (gagetaylor.Com) as soon as possible. In certain states, you only have one year to file a medical malpractice suit, and waiting longer than that can mean losing your chance of getting the justice you are due for the injury your child sustained.

Statute of Limitations

A statute of limitations is a law that establishes the time limit for filing a civil lawsuit. If someone misses the deadline, they lose their right to seek damages from the defendant. birth defect law firms injury claims may be more complex in terms of the statute of limitations than other medical malpractice claims.

A lawsuit is usually filed against the doctor or hospital that caused injuries to a patient during labor and delivery. These cases are commonly known as birthing injury lawsuits or wrongful birth suits, though Florida's laws allow parents to pursue a medical malpractice suit to bring a child's death.

To prove medical malpractice, the injured party will need to show that the doctor responsible did not follow the standard of care or consideration required by a different health care provider in similar circumstances. This includes failing to recognize a serious condition such as low oxygen levels in childbirth which can result in cerebral palsy and brain damage.

Contacting a qualified attorney is the first step towards filing a lawsuit against birth defects. Many attorneys provide free consultations and case review to potential clients. If an attorney believes the claim of a client is legitimate, they will review the medical documents of the client and employ experts to assess the records. They will also assist with the preparation of documents and file the medical malpractice lawsuit within the timeframe.

Expert Witnesses

In a case involving a birth injury it is crucial to have experts who can explain medical practices and procedures to a jury. Expert witnesses can be difficult as they must scrutinize an extensive amount of information to be able to make decisions based on facts, not opinion. They should also be prepared to testify on evidence that may conflict with their opinion.

In the Daubert case the plaintiffs' experts suggested that Bendectin was the cause of their child's birth defects. The judge ruled that the evidence was "at the cutting-edge of scientific research, where science meets theories and certainty dissolves into probabilities." However he was not convinced there was enough proof that Bendectin caused birth defects.

The Daubert ruling was a setback to the plaintiffs who had sued pharmaceutical companies in order to obtain justice. Nonetheless, there are still numerous avenues that an injured person can pursue a birth defect lawsuit.

A Philadelphia birth defect lawyer can help victims on whether they have a right to sue. A lawyer can assist clients determine if they're qualified to file a lawsuit on their own or a class action. In certain cases, a lawyer can start a lawsuit for birth injuries as part of multidistrict lawsuit (MDL). Please fill out the form below to receive a confidential and free consultation with an attorney.

Representation

Although modern technology and recent advances in the field of medicine have significantly reduced the risk of complications during childbirth and pregnancy However, they aren't eliminated. If a birth defect or injury occurs, and the cause could have been avoided, parents can seek legal action to recover the costs related to treatment.

Medical negligence claims usually stem from a doctor's failure to identify or treat a problem. A doctor may fail to diagnose an ultrasound or make a mistake during surgery, resulting in birth defects like spina bifida. Other common causes of a birth defect lawsuit are an ineffective medication for the mother or exposure to chemicals or other environmental hazards when the baby is developing in the womb.

A birth defect could affect any part of the body of a newborn which can affect their health, appearance and function. In some cases birth defects can shorten the life span of a child or trigger significant medical expenses.

Contact a birth defect lawyer now if you believe the birth defect or injury was the result of medical negligence or mistakes during labor or pregnancy. A lawyer can assist you to understand your options and file a claim before the statute of limitations runs out. A lawyer might also be capable of negotiating the settlement on your behalf with the responsible parties for your child's injuries.